Tag: Bicycle Accident

Judge Allows 4-Year Old Girl to Be Sued in Fatal Bicycle Accident

Nov 03

A Manhattan Supreme Court judge recently ruled that a child, specifically, a 4-year old girl can be sued and held liable for negligence.

The controversial decision stemmed from a case filed by the family of an 87-year old woman, who died shortly after the said little girl struck her on the sidewalk while riding on her bicycle with training wheels.

Allegedly, Claire Menagh was walking in front of the building when she was struck by the 4-year old Juliet Breitman and her playmate who were racing under the supervision of their mothers. In the complaint filed, Menagh suffered serious injuries as a result and had to undergo surgery for her fractured hip. The octogenarian died 3 months later of unrelated causes.

The estate of Menagh sued the children and their mothers for having acted negligently and causing the crash. Although the attorney for the little girl claimed that Juliet was too young to be held liable for negligence, Justice Paul Wooten of State Supreme Court in Manhattan found otherwise.

Justice Wooten cited cases as far back as 1928 for his decision – and though he ruled that Juliet Breitman may be sued for negligence, he did not necessarily judge her to be liable. His ruling merely permitted that a lawsuit be brought against the girl, her playmate, and their mothers.

In his decision, Justice Wooten reasoned that while jurisprudence states that infants under the age of 4 are presumed incapable of negligence, as Juliet is over the age of 4 when the accident occurred, the rule does not apply. Further, he stated that any “reasonably prudent child” even under the supervision of a parent, should appreciate the danger of riding a bike into an old lady. He also wrote that, “A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior.” Wooten however noted that the child cannot be held accountable for the accident, if such risky behavior was encouraged by the parent.

Thus, as there is no indication the parents “encouraged” such risky behavior or that Juliet lacked the intelligence or maturity to understand the dangers of her actions, a complaint for negligence against her may prosper.

While the decision is controversial – the basis is sound. Under Civil and Tort Law, when a person causes injury or damage to another because he/she failed to act as a reasonably prudent person should do to protect another from foreseeable risks of harm, the negligent party can be held liable for negligence.

Proving negligence however, isn’t cut and dried and other factors may come into play (such as the victim’s own contributory negligence), so legal advice should be sought if you plan to file a claim for negligence or are accused of being negligent yourself.

Mayor Antonio Villaraigosa Breaks Elbow in Bicycle Accident

Jul 20

Los Angeles Mayor Antonio Villaraigosa was recently involved in a bicycle accident and ended up with a broken elbow.

The mayor, who is an avid bicyclist, was riding his bike down to the beach when a cab cut him off in the Venice Boulevard bicycle lane. He fell from him bike to avoid hitting the cab and injured. Fortunately, he was wearing a helmet when he crashed and avoided getting severe injuries since he hit his head first.

He was taken to UCLA Ronald Reagan Medical Center for treatment. His security officers let the cab driver go after taking his information.

According to the mayor’s office, no charges will be filed against the cab driver but claimed that the driver wasn’t careful and moved without using a signal.

Riding a bike isn’t just for leisure or exercise, these days, a lot of people use bicycles as their main mode of transportation to save up on gas expenses and avoid traffic. Bicycles are now one of the most popular means of transportation, so motorists have to get used to sharing the road with them.

Unfortunately, despite the fact that bicyclists can be easily found on the road, a lot of drivers are not mindful of their presence – some would even be resentful about sharing the road as cases of road rage directed towards bicyclists have also been reported.

Under the law, drivers are bound to exercise due diligence on the road to avoid causing any injury to others or damage to property. Among the duties this diligence entails would require a driver to:

•   Drive at a reasonable speed
•   Follow traffic rules and signals
•   Wear a seatbelt and use child safety restraints
•   Drive without impairment (drowsy driving, DUI, texting while driving)
•   Respect the right of way of others
•   Signal before making a turn

Failure to follow such may not just give rise to a traffic citation, it may also cause an accident as exemplified by what happened to Mayor Villaraigosa. If you are a bicyclist, while you have every right to be protected on the road, do not always expect drivers to be on their best behavior. Always wear a helmet, practice defensive bicycling, and always be aware of your surroundings. In the event that you do get involved in a bicycle accident because of a negligent or faulty driver, you may seek compensation for any injuries or damage you received because he violated his duty of diligence.